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97-1039�'Cc��i\C�� l — Green sheet # .� 7 �I �7 CITY OF Presented By 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Referred To g►�.�,1�� Council File # � l � � �3q (►�II►I►I�.Y�/�1 �.1 Committee: Date RESOLttTION GRANTING APPROVAL POR AGREEMENT ES ACHIEVEl�NT PLUS COMMONITY SCHOOLS J WHEREAS, it is in the City`s interest to promote education reforms and support other initiatives that will increase student achievement; WHEREAS, the Community Development Agenda for the City recommends that the City take actions which make the City an even better place to raise children and calls for effective Civic collaboration; WHEREAS, the City has been working with the Wilder Foundation, the Saint Paul School District, Ramsey County and the State of Minnesota (the Partners) since Spring, 1996 on developing community or Achievement Plus schools, which are full service schools which offer comprehensive educational, recreational and social services to students and families seven days a week, 16 hours a day, and 12 months a year; wHEREAS, the mayor, City council representatives, and City staff have visited community school models in New York City; WHEREA5, the state of Minnesota appropriated $3.3 million in 1997 for the development of community schools in Saint Paul; WHEREAS, two community or Aohievement Plus schools will open this fall at Monroe and Dayton's Bluff schools and at least three additional Achievement Plus schools are contemplated subject to funding approval of the state and additional necessary approvals from the City, the county, and the school district; WHEREAS, the City's role in Achievement Plus schools is anticipated to be primarily the provision of recreation services, but may include the provision of other services such areas as library, housing, public safety, and other community development services subject to budget and other necessary approvals by the administration and the City Council; and WHEREAS, xepresentatives of the Partners have negotiated an agreement which will govern the operation of Achievement Plus schools and establish a process by which the schools will be governed, operated, and evaluated; and WHEREAS, this agreement commits the City to work with the other partners to make Achievement Plus schools a success but preserves the ability of the City to determine what financial and operational commitments it makes to the schools based on the specific commitments requested and after following budget and other appropriate processes. 1 2 3 4 5 6 7 8 9 10 11 12 IT RESOLVED that int Paul, and the review and sites to School Distric�� „+��q t selection cri eria an a NOW, TBERfiFORE, BE IT RSSOLVED BY THE SAINT PAUL CITY COIINCIL: The proper City officials are authorized to enter into the agreement for establishing Achievement Plus schools with the Wilder Foundation, the Saint Paul School District, and Ramsey County in substantially the form attached hereto. Requested by Department of: Office of the BY: �- ��[ 5.��,� -�- Adopted by Council: Date \� � Adoption Certified by Council Secretary By: App� By: Form Approved by City At �� By: Cc,� Approved by Mayor for Submission to Council By: ✓ 1� ACHPLSRE.WPD q�- to3°� DEPARTMEH{pppCE/COUNdL DATE INITIATED J� ld � 1 Mayor's office s/1s/9� GREEN SHEE CANTAGT PEFSON & PHONE INITIAUDATE INITIAU�ATE O DEPARTMENT DIRE � CITY COUNCIL Tim Marx, 266-8512 A$$IfaN CfTYATTORNEY CITVCLERK MUST BE ON LOUNC�L AGENDA BY (DATE) NUMBEF FOfl � � HOUTING � BUDGET DIRECTOR � FIN. & MGT. SERVICES DIR. ONDEN � MqYOR (OR ASSISTAN'� � TOTAL # OF SICaNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACT10N REQUESTE�: Approval o£ agreement Por community or Achievement Plus Schools. FECOMMENDATiONS: Approve (A) or Re�ect (R) pEASONAL SEAVICE COtiTHACTS M11ST ANSWEFi TNE FOLLOWINU QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE CqMMISSION �� Has this pe�sonlFirm ever worked untler a contract fo� this department? � CIB COMMITTEE YES NO _ STAFF 2. Has this person/firm ever been a city employee? — YES NO _ DISTRICTCOUR7 _ 3. Does this person/firm possess a skill not normally possessed by eny current city employee? SUPPOqTS WHICH CAUNqL O&IECT�VE4 YES NO Explain all yes answers on separate sheet antl atteeh to green ahcet MfTIATING PROBLEM, ISSUE, OPPORiUNITY (Who, What, When, VJhere, Why)� Opportunity for increased student achievement. ADVANTAGESIFAPPROVED: City will participate in a new partnership with the School District, Ramsey County, the State, the Wilder Foundation and others to establish year round schools offering educational and related recreation and social services. DISA�VANTAGESIFAPPROVED: � �ISADVANTAGES IF NOTAPPROVED: � � TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIfBG SOURCE AC71VI7Y NUMBER FINANCIAL INFORhSATION: (EXPLAIN) ��_ i ��y Councilmember Mike Harris August 27, 1997 � Amendment to Council File 97-1039 ��,�' �� Therefore, be it resolved that Ramsey Co ty, the Saint Paul School District, the City of Saint Paul, and the Wilder Foundation will� selection criteria and a selection process for any additional sites o the Couniy Board, the School Board, and the City Council for review and approval. � �Z�� q � � �o3q SAINT l.UL � IIAAA CITY OF 5AINT PAUL Norm Coleman, Mayor TO: Council President Dave Thune Councilmember Jerry Biakey Councilmember Dan Bostrom Councilmember Joe Collins Councilmember Mike Harris sso ary sau IS West Ktllogg Bouteva,d Saint Paul, Mirsnesou 55102 Te(ephane: (672) 266-8510 Fatsimik: (612) 266�85I3 Councilmember Roberta Megazd Councilmember Gladys Morton FROM: Tim Marx, Deputy Mayo�\ � DATE: August 19, 1997 RE: Achievement Plus Schools Agreement Attached is an agreement governing the City's participation in Achievement Plus or community schools with the Saint Paui Schooi District, Ramsey County, and the Wilder Foundation. A resolution authorizing execution of the agreement is also attached. This will be on the Council Agenda for August 27 for your consideration and approval. It is on the agendas of the School Board and the Ramsey County Board this week for their respective approvals. Achievement Plus offers us a significant opportunity to implement two key elements of the City's Community Development Agenda: (1) Making the City an even better place to raise children and (2) engaging in effective civic collaborarions. You have received several reports on this project as it has progressed. We are now at the point where the participants should establish a governing structure for the entire project and for each site. The agreement establishes a coordinating committee with representatives from the participants for the entire project and a site-based team at each Achievement Plus School site. It is contempiated that the City will provide primarily recreationai and related services at each school site in conjunction with existing or planned recreation centers that will be at or near each site. The City may also provide other services such as library services. q�_io39 The agreement does not commit the City to a sgecific service or funding level. The staffs of project participants will evaluate what the service needs aze and how those services can be coordinated among the participants. Each participant will then determine through its budget and other processes what specific resource commitments it will make to the overall project and to the various sites. The 19971egislature appropriated $3.3 million for the project, an additionai request will be made to the 19981egislature, and the Wilder Founda6on and others have and will be - committing significant additional resources as well. The participation of the City is helping to leverage significant additional investment from others in order to increase student achievement. We request the Council's approval of the agreement to formalize this exciting new community collaborative. If you have any questions, please give me a call at 6-8512. Attachment cc: Bob Piram Vince Gillespie Virginia Palmer (wlattach) q�-►o3g CITY OF SAINT PAUL 390 Ciry Hall Zekphnne: (612) 2668530 Norm Coleman, Mayo� IS West Kellogg Bouleva,d Facsimile: (6l2) 266-SS13 Saint Paul, Minnesota 55102 TO: Council President Dave Thune Councilmember Jerry Blakey Councilmember Dan Bostrom Councilmember Joe Collins Counciimember Mike Harris Councilmember Roberta Megard Counciimember Gladys Morton FROM: Tim Marx, Deputy Mayo 4�\ � DATE: August 19, 1997 RE: Achievement Plus Schools Agreement Attached is an agreement goveming the City's participation in Achievement Plus or community schools with the Saint Paul School District, Ramsey County, and the Wilder Foundation. A resolution authorizing execution of the agreement is also attached. This will be on the Council Agenda for August 27 for your consideration and approval. It is on the agendas of the School Board and the Ramsey County Board this week for their respective approvals. Achievement Plus offers us a significant opportunity to implement two key elements of the City's Community Development Agenda: (1) Making the City an even better place to raise children and (2) engaging in effective civic collaborations. You have received several reports on this project as it has progressed. We are now at the point where the participants should establish a goveming structure for the entire project and for each site. The agreement establishes a coordinating committee with rep*esentatives from the participants for the endre project and a site-based team at each Achievement Plus School site. It is contemplated that the City will provide primarily recreational and related services at each school site in conjuncfion with existing or planned recreation centers that will be at or near each site. The City may also provide other services such as library services. a�- �o3q The agreement does not commit the City to a specific service or funding level. The staffs of project participants will evaluate what the service needs are and how those services can be coordinated among the participants. Each garricipant will then determine through its budget and other processes what specific resource cammitments it will make to the overall project and to the various sites. The 19971egisiature appropriated $3.3 million for the project, an add"ationai request will be made to the 1998 legislature, and the Wilder Foundarion and others have and will be committing significant additional resources as well. The participation of the City is helping to leverage significant additionai investment from others in order to increase student achievement. We request the Council's approval of the agreement to formalize this exciting new community collaborative. If you have any questions, please give me a cali at 6-8512. Attachment cc: Bob Piram Vince Gillespie Virginia Palmer (w/attach) 9� - � 039 ACHIEVEMENT PLUS AGREEMENT This Ageement ("Agreement") is made and entered into on this _ day of , 1997, by and among the Amherst H. Wilder Foundation, a non-profit corporation (°Wilder"); the City of Saint Paul, a municipal corporation of the State of Minnesota ("City"); Ramsey County, a home rule chazter county ("County"); and Tndependent School District No. 625, a Minnesota public corpora*ion ("Schooi District") (Wilder, City, County and School District are sometimes collectively referred to herein as "Participants"). RECITALS A. The Participants have formulated a public education reform proposal known as "Achievement Plus° ('Project"), whose objective is to improve student achievement by: • Creating a model of urban education that is affordable and replicable on a large scale; • Bringing together the resources and capabilities of public and private entities to strengthen the capacity of public education; • Forming a pub3ic/private parmership that integrates academic, family, health, social and recreational supports to children, families and communities; • Developing and locating community schools in those urban neighborhoods of Saint Paul with high concentrations of low income families with children under age 16; • Increasing parent and public access to "community school" facilities by designing, constructing and operating facilities that will strengthen the involvement of parents and community members in the education of young children. �,3�, August 1& 199'! `t'1- l0 3 °► B. The Minnesota Depanment of Children, Families and I.earning has worked cooperatively with the Participants in developing a statewide perspective for the Project by contributing staff resources and technical assistance and by facilitating legislative initiatives in support of the Project. C. The Participanu have agreed to foster coordination of their resources and to manage their respective functions of park/recreation, education and human services in furtherance of the Project at community school sites. Two community schools are scheduled to begin operation in the fall of 1998 at Dayton's Bluff Elementary School, 262 Bates Avenue, St. Paul, and Monroe Community School, 810 Palace Avenue, St. Paul. Based upon continued funding by the legislature, at least three additional community schools aze contemplated subject to the terms of this Agreement. D. The Participants have agreed and understood that it is important 1) to develop clear e�ected outcomes and objectives for the Project as a whole and for each community schooi; 2) for the Project and each community school to be evaluated based upon those expected outcomes and objectives, and 3) for adjustments and changes to be made to the Project and in each community school based upon the results of the evaluations. The Participants have further agreed that each Participant's commitment to the Project and to each existing or contemplated community school will be based upon evaluations of the success of the Project in achieving the outcomes and objectives that are established. E. The Participants desire to memorialize in this Agreement their respective ohligations and responsibilities to the Project. �ai3o6 � Augut 18, 1997 2 9'1- �os9 AGREEMENT Now therefore, for good and valuable consideration, the receipt and sufficiency of which is aci�owledged, the Participants agree with each other as follows: ARTICLE 1 DESCRIPTIOl�i OF ACHIEVEME1�iT PLUS PRO.TECT 1.1 General. Like traditional schools, Achievement Plus Project schools are structured to achieve educational goals. They are designed to improve educational outcomes by bringing parents, schools and community groups together to ensure that students have access to extended-day and supportive services. Achievement Plus Project schools are not meant to replace the traditional roles of families and teachers, but to provide vital support to both. Some of the key features of Achievement Plus Project schools are: • Early and continuous involvement of all critical partners: teachers, board members, parents, youth-serving agencies, communiry residents, social service and mental health providers, children, local businesses, funders, health care providers, libraries, police, park and recreation staff, and county human service/juvenile justice interests. • Facilities that perform multiple functions including: classrooms, resource centers for parents, community education, human services, physical, dental and mental health service areas and recreational spaces. • Responsiveness to the characteristics, needs, interests and strengths of the communities in which they are located. • Achievement is embedded into students' daily work through high e�ectations, performance-based assessment, ampie opportunities for enrichment and standardized testing. • Students and parents are viewed as important resources who are eapected to share ideas and make decisions about school programs and facility design and use. This responsibility contributes to their involvement and sense of ownership in the schools. �,�-, n�s�� a iv9, 3 °I� - � The communiry is an ertension of the school environment. The schoo]s use the resources of other local facilities such as libraries, community centers and recreation centers. Community organizations may offer their services and resources in the school building Community members and parents are active in both paid and unpaid positions throughout the schools. • Before-and after-school and school vacation programs e�end the actual hours and opportunities for education and enrichment eJCperiences. These programs help meet the community's need for structured and supervised activities for children. • Parents actively participate in the education of their children. Students, parents and teachers have eJtplicit and shared educational objectives that form the basis of their relationship. • As school stakeholders, parents play a vital role in school governance by electing and/or serving on site-based goveming councils that have a strong role in decisions about the school budgets, staffing, curriculum and instruction, organization, policies, evaluation and use of space. • Active community life and engaged citizens are core philosophies. The school facility houses an anay of community services and resources, and the cuniculum supports and facilitates involvement of children and adults in community based learning and service. • The schools are open eJttended hours: evenings, weekends and during school vacations — to provide learning and recreation opportunities for the entire community. • Education, recreation and social services are integrated to produce a single system of family support that meets the locally identified interests and needs of families and children. • New facilities are designed and constructed to be flexible and support an array of community interests and activities. �,�� eW8�9L 1$ 199] c��_�as9 ARTICLE 2 GENERAL PRINCIPLES 21 Coordination. Each of the Participants agrees that in providing the services called for under this Agreement it will use its best efforts to coordinate those services with the services provided by the other Participants. 2.2 Obligations and Duties. Each of the Participants shall be and remain subject to aii of the same duties, liabilities and responsibilities as shall otherwise be imposed upon them by law and contract. Nothing in this Agreement shall, or is intended to, limit or relieve the Participants from such duties, liabilities and responsibilities. 23 Collection. Use, Dissemination and Maintenance of Records. All records collected, used, disseminated and stored by the Participants shall be maintained in accordance with applicable state and federal laws, including Minnesota Statutes, Chapter 13, and Minnesota Statutes, Chapter 144, as the same may be amended from time to time. 2.4 Internal Ooerations. The operation and maintenance of the respective offices, facilities and equipment of each of the Participants shall be solely under the control and supervision of each of them. Each of the Participants shall use its best efforts to comply with all recommendations and proposals estabiished or adopted from time to time by the Coordinating Committee with respect to the provision of services under this Agreement. 2.5 Relationship of Participants. The relationship between the Participants is that of independent entities contracting with each other solely for the purpose of effecting the provisions of this Agreement. None of the Participants, nor any of their respective offices, director or employees, shall be construed to be the agent, employee or representative of the �,��, August 1$ t99] � q � _ to39 other. Further, this Agreement shall not be wnstrued to create a partnership, }oint venture or like relationship between the parties hereto. The parties e�ressly disavow any intent to create a partnership, joint venture relationship or any other legal entity. Nothing herein shall be construed to make Wilder or the City or the County engaged in the business of a public school within the meaning of Minnesota Statutes § 120.05. 2.6 Human Resources. Each Participant shall have sole control over the selection and supervision of its respective staff. Each Participant agrees to consider *ecommendations from the other Participants when making key staffmg decisions. ARITCLE 3 ROLES AND RESPONSIBILITIES OF WILDER 3.1 General. During the term of this Agreement, Wilder agrees to provide the services andJor resources described on F,a�hibit A attached hereto. 3.2 Compliance with I,aws. Wilder agrees to comply with all federal, state, county, and local laws, regulations, ordinances, rules, and certifications as pertaining to the facilities, programs, and staff for which Wilder in the performance of its obligations under the Agreement, is responsible during the term of this Agreement. This will include, but not be limited to, current health, fire marshal, and program licenses, certification of staff when required, and all other applicable laws (including the Americans with Disabilities Act), regulations, ordinances, rules, and certifications which are effective or will become effective during the period of this Agreement. 3.3 Cor�orate Power and Authoritv. Wilder has the full power, right and authoriry to esecute and deliver this Agreement and to perform and observe each and all of the �,�, n� ivm 6 91- /a3� matters and things provided for therein. The execution and delivery of this Agreement and the performance and obsen�ance by Wilder of the terms thereof has been duly authorized by a Resolution of the Board of Directors, dated , 1997. ARTICLE 4 ROLES AND RESPONSIBILITIES OF CITY 4.1 General. During the term of this Agreement, the City agrees to provide the services and/or resources described on Exhibit B attached hereto, and subject to the conditions stated herein. 4.2 Compliance with law. 'I`he City agrees to comply with all federal, state, county, and local laws, regulations, ordinances, rules, and certifications as pertaining to the facilities, programs, and staff for which the City in the performance of its obligations under the Agreement, is responsible during the term of this Agreement. This will include, hut not be limited to, current health, fire marshal, and program licenses, certification of staff when required, and all other applicable laws (including the Americans with Disabilities Act), regulations, ordinances, rules, and certifications which are effective or will become effective during the period of this Agreement. 4.3 Authorization. The City has the full power, right and authority to execute and deliver this Agreement and to perform and observe each and all of the matters and things provided for therein. The execution and delivery of this Agreement and the performance and observance by the City of the terms thereof has been duty authorized by a Resolution of the Ciry Council, dated , 1997. ��, n� �a i�m 7 ��-I� nxTTC� s ROLES AND RESPONSIBILITIES OF COUNTY 5.1 General. During the term of this Ageement, the County agrees to provide the services and/or resources descn�bed on Exhibit C attached hereto. 5.2 Compliance with Laws. The County agrees to comply with all federal, state, county, and local laws, regulations, ordinances, rules, and certifications as pextaining to the facilities, programs, and staff for which the County in the performance of its obligatior_c under the Agreement, is responsible during the term of this Agreement. This will include, but not be limited to, current health, fire marshal, and program licenses, certification of staff when required, and all other applicable laws (including the P.mericans with Disabilities Act), regulations, ordinances, rules, and certifications which are effective or will become effective during the period of this Agreement. 53 Corporate Power and Authoritv. The County has the fuil power, right and authority to execute and deliver this Agreement and to perform and observe each and ali of the matters and things provided for therein. The execution and delivery of this Agreement and the performance and observance by the County of the terms thereof has been duly authorized by a Resolution of the Board of County Commissioners, dated 1997. ARTICLE 6 ROLE AND RESPONSIBILITIES OF SCHOOL DISTRICT 61 General. During the term of this Agreement, School District agrees to provide the services and/or resources described on Exhibit D attached hereto. ��, o August 1� 1997 O q`1'to3q 6.2 Co�liance with Laws. School District agrees to comply with all federal, state, county, and local laws, regulations, ordinances, rules, and certifications as pertaining to the facilities, programs, and staff for which School District in the performance of its obligations under the Agreement, is responsible during the term of this Agreement. 'This will include, but not be limited to, current heaith, fire marshal, and program licenses, certification of staff when required, and all other applicable laws (including the Americans with Disabilities Act), regulations, ordinances, rules, and certifications which are effective or will become effective during the period of this Agreement. 6.3 Corporate Power and Authoritv. School District has the full power, right and authority to execute and deliver this Agreement and to perform and observe each and all of the matters and things provided for therein. The execution and delivery of this Agreement and the performance and observance by the School Board of the terms thereof has been duly authorized by a Resolution of the School Board, dated , 1997. ARTICLE 7 GOVERNANCE 7.1 Establishment of Coordinating Committee. There is hereby established a Coordinating Committee which shall consist of four (4) persons. Each of the Participants hereto shall have the right to designate one Coordinating Committee member. Each of the Participants hereto shall notify the other Participants in writing of the person it appoints to the Coordinating Committee and any subsequent changes in such appointment. �.2 Res�onsibilities of Coordinatin„e, Committee. The Coordinating Committee will: �i�� ,w�,� ia i9r, 9 `t9, (03� • Establish, modify and monitor the Project's objectives and evaluation strategy; • Develop the annual budget for the Project, based upon the projected resources to be contributed by each Participant; • FacIlitate cost sharing, problem solving and information exchange across institutional and departmental lines within their respective organizations in order to support the projecYs objectives; • Develop the annual communications plan; • Represent the Project in their respective organizations; • Make recommendation regarding the resolution of issues affecting Project implementation; • Coordinate with the Minnesota Department of Children, Families and Learning; and • Establish the procedures by which it shall operate. 73 Meetings of Coordinatin�* Committee: Actions. There shall be at least two (2) regular meetings of the Coordinating Committee annually, which shall be held on such dates and places as may be designated either by the Coordinating Committee, or failing such designation by the Coordinating Committee, by Wilder. Special meetings may be held at the cail of any one (1) of the Coordinating Committee members. Notice and purpose of any regular or special meeting of the Coordinating Committee shall be given to all Coordinating Committee members in writing by Wilder at least 24 hours in advance of such meeting. A minimum of three members of the Coordinating Committee shall be necessary and sufficient to constitute a quorum for the transaction of business. A conference among Coordinating Committee members by any means of communication through which the Coordinating Committee members may simultaneously communicate with each other during the �,�, Auguet 1$ 1997 IQ �l�l - to3� conference constitutes a Coordinating Committee meeting if the same notice is given of the conference as would be required for a meeting, and if the number of Coordinating Committee members participating in the conference is sufficient to constitute a quorum at a meeting. 7.4 Establishment of Performance Criteria. The Participants through the Coordinating Committee shall establish multi-dimensional criteria by which to measure the effectiveness of the Project. 7.5 Establishment of Site-Based Teams. As each of the proposed community schools, a site-based team, composed of parents, students, staff representations from each Pazticipant, and others, shall be formed to implement the Project. These site-based teams will assist in identifying and promoting desired community services, participate in faciliry planning and design, and recommend ongoing programs and seivices. ARTICLE 8 8.1 Indemnification bv Wilder. To the maximum limits of liability as set forth in Minnesota Statutes §466.04 (assuming Wilder were a municipality eligible for the protections described in Minnesota Statutes, Chapter 466), Wilder shali indemnify, defend and hold the City, County and School District harmless from any claims, liability, loss, demands, costs and e�enses of any kind including reasonable attorney's fees and disbursements, which the City, County or School District may hereafter incur, sustain or be required to pay by reason of any negligent act or omission of Wilder or any servant, agent, or employee of Wilder and arising out of the performance by Wilder of the services defined in Article 3 hereof. 34730Q7 August 1$ 1997 11 °l�-to 8.2 Indemnification b,�. To the e�ent permitted by applicable law and to the limits set forth in Minnesota Statutes, Chapter 466, the City shall indemnify, defend and hold Wilder, the County and School District harmless from any claims, liability, loss, demands, costs and e�enses of any kind, including reasonable attomey's fees and disbursements, which Wilder, the County or School District may hereafter incur, sustain or be required to pay by reason of any negligent act or omission of the City or any servant, agent, or employee of the City and arising out of the performance by the City of the services described in Article 4 hereof. By executing this Agreement, the City does not waive any of the limitations on protections set forth in Minnesota Statutes, Chapter 466 or elsewhere in law. 8.3 Indemnification by the Countv. To the extent permitted by applicable law and to the limits set forth in Minnesota Statutes, Chapter 466, the County shall indemnify, defend, and hold Wilder, the City and the School District harmless from any claims, liability, loss, demands, costs and expenses of any kind including reasonable attorney's fees and disbursements, which Wilder, the City or the School District may incur, sustain or be required to pay by reason of any negligent act or omission of the County or any servant, agent, or employee of the County and arising out of the performance by the County of the services described in Article 5 hereof. By executing this Agreement, the County does not waive any of the limitations or protections set forth in Minnesota Statutes, Chapter 466 or elsewhere in law. 8.4 Indemnification by the School District. To the extent permitted by applicable law and to the limits set forth in Minnesota Statutes, Chapter 466, the School District shall indemnify, defend and hold Wilder, the City and County harmless from any claims, liability, ��, �� a �� 12 �t't-to loss, demands, costs and expenses of any kind including reasonable attomey's fees and disbursements, which Wilder, the City or the County may hereafter incur, sustain or be required to pay by reason of any negligent act or omission of the School District or any servant, agent, or employee of the School District and arising out of the performance by the School District of the services defined in Article 6 hereof. By executing this Agreement, ihe School District does not waive any of the limitations or protections set forth in Minnesota Statutes, Chapter 466 or elsewhere in law. 8.5 Insurance. Each Participant agrees that to protect itself as well as the other Participants under the indemnificat3on sections in this Agreement, it will at all times during the term of this Agreement have and keep in force appropriate liability insurance which in the case of public entities may include self-insurance. Each Panicipant may request evidence of such coverage. 8.6 Survival. 'The provisions of this Article 8 shall survive any termination of this Agreement. ARTICLE 9 TERM AND TERMINATION 9.1 Term. The term of this Agreement shall commence on the effective date of this Agreement as set forth above and shall continue for one (1) yeaz from such effective date; rp ovide, however, that any Participant may withdraw from its participation under this Agreement by giving the other Participants at least sixty (60) days prior written notice of its intent to withdraw at the addresses set forth in Section 10.1. ��, A��,� �a �� 13 q1- lo3g 9.2 Renewal Oprions. The term of this Agreement shall be extended by the Participants for successive one (1) year periods, commencing , 1998, unless at least ninety (90) days prior thereto a Participant notifies the other Participants of its desire to terminate this Agreement at the end of such year or e�ended year. 9.3 Effect of Withdrawal. Upon the effective date of a notice of withdrawal as provided for in Section 9.1, the withdrawing Participant shall discontinue delivery of the services and resources to be performed by it under this Agreement. Such Participant agrees to maintain financiai records for three(3) years after the last date of seivices under this Agreement in accordance with Minnesota Statutes, § 16B.06, Subdivision 4. ARTICLE 10 MISCELLANEOUS 10.1 Notice. All notices, communications, payments, and other documents required or permitted by this Agreement shall be conclusively deemed to be given if the same is personally delivered to, or placed in an envelope which is sent by registered ar certified United States maii, postage prepaid and addressed to the addresses listed below or to such other addresses as may be provided by a Participant to the others: Wilder: Amherst H. Wilder Foundation 919 Lafond Avenue St. Paul, Minnesota 55104 Attn: City: City of Saint Paul City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Attn: ��, .��<�a t�� 14 �� _ �,039 County: Ramsey County 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Attn: School District: School District No. 625 360 Colbome Street St. Paul, Minnesota 55102 Attn: 10.2 Modification Amendment. This Agreement may be modified or amended oniy by a written amendment hereto duly executed by all of the parties hereto. 10.3 Governine Law. This Agreement is made and entered into in the State of Minnesota, and shall be governed in all respects by the laws of the State of Minnesota. 10.4 Benefit. The rights, duties, obligations, and undertakings of the parties under this Agreement are not assignable or delegable in whole or in part without the prior written consent of all other parties hereto. 10.5 Entire Aereement. This Agreement embodies the entire Agreement between Participants concerning the subject matter of this Agreement and supersedes all other previous oral or written agreements concerning all or any part of the subject matter of this Agreement. xi3os � nua�� 4 i9s� 1$ q'l-1o IN WITNESS WHEREOF, the Participants have executed this Agreement this _ day of , 1997. AIvIHERST H. WILDER FOUNDATION � CITY OF SAINT PAUL By: Its Mayor : : Thomas W. Kingston Its: President Its Its Director of Parks and Recreation Approved as to form: City Attomey B Its Director of Office of Financial Services RAMSEY COUNTY I� Chair of the Board of Ramsey County Commissioners Approved as to form: : Chief Clerk, County Board Assistant County Attorney �o��, ,w�i ie, �ssr 16 SCHOOL DISTRICT NO. 625 By: Its Chair B Its Clerk ��a., ��s� �a �� 17 °t'1-1 . �: SfiRVICES AND RESOURCES TO BE PROVIDED BY WII.,DER • Provide supplementary staffing and management leadership to the Project. • Convene Participants and serve as lead stakeholder and co-developer. • Help identify service needs in collaboration with neighborhood communities. • Lead the fundraising process. • Manage the facilities, subject to the authorization and approval of the other Participants, during all hours not typically overseen by other Participants. • Coordinate the presence of other community providers and services in the school buildings. • Provide leadership to the ProjecYs evaluation design and implementation. • Assist in evaluating the ProjecYs effectiveness. • Provide resources through the redeployment of appropriate Wilder services, the funding for project development and the leadership of the overall Project. ��, �a�� la ism A-1 a �. �a3� E�.�: 1: YI�'. SERVICES AND RESOURCES TO BE PROVIDED BY CITY • Design, construct, operate and manage recreation centers so that they complement and support Achievement Plus Project schools, as may be approved by the City or appropriate authority following budget or other processes. • Help identify and assist in the acquisition of community facilities, as may be approved by the City or appropriate authority follow:ng budget or other processes. • Provide partial capital and operating funding and support services for the recreational component of Achievement Plus Project schools as approved by the City or appropriate authority, subject to budget or other processes. • Deploy capital and operating funds and staffmg for recreation/library and other relevant components of Achievement Plus Project schools as approved by the City or appropriate authority, subject to budget or other processes. • Provide leadership to reduce City govemment bazriers that impede attainment of Project's goals. • Assist in evaluating the Pro}ecYs effectiveness. • Provide leadership to the ProjecYs evaluation design and implementation. ��, n�� a ivr� B-1 q�t - tos� EXHIBTI' C SERVICES AND RESOURCES TO BE PROVIDED BY COLINTY • 5upport deployment of mutually agreed upon county health and human services to Achievement Plus Schoo]s. • Assist in evaluating the Project's performance. • Coordinate the delivery of county services with other public and private agencies working to achieve the goals of r;.e Project. • Provide leadership to the ProjecY evaluation design and implementation. • Promote prevention activities as agreed upon by the County. 3413067 August 18. 1997 C' 1 9�1- to39 EXHIBIT D SERVICES AND RESOURCES TO BE PROVIDED BY SCHOOL DISTRIC'I' • Help identify and acquire sites — serve as co-developer. • Maintain standard "level of effort" funding at the conversion school sites. • Deploy capital funds as may be approved by the School Board or appropriate authority following budget or other processes. • L.ead the development and implementation of curriculum and instructional strategies that strengthen student achievement. • Provide the instructional school-day program. • Provide student test data and technical support so that test data can be used at the project and site level. • Manage and support the school facilities during "school" hours. • Provide student transportation as may be approved by the School Boazd. • Provide food service appropriate to community school activities as may be approved by the School Board. • Lead long-term, locai public financing strategy for e�ended-hour activities. • Ensure the commitment and participation of other relevant Saint Paul School District departments (e.g., community education, health, custodial). • Provide leadership to reduce school district barriers that impede attainment of project's goals. ��,, ,.,» �a �� D-1 �'Cc��i\C�� l — Green sheet # .� 7 �I �7 CITY OF Presented By 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Referred To g►�.�,1�� Council File # � l � � �3q (►�II►I►I�.Y�/�1 �.1 Committee: Date RESOLttTION GRANTING APPROVAL POR AGREEMENT ES ACHIEVEl�NT PLUS COMMONITY SCHOOLS J WHEREAS, it is in the City`s interest to promote education reforms and support other initiatives that will increase student achievement; WHEREAS, the Community Development Agenda for the City recommends that the City take actions which make the City an even better place to raise children and calls for effective Civic collaboration; WHEREAS, the City has been working with the Wilder Foundation, the Saint Paul School District, Ramsey County and the State of Minnesota (the Partners) since Spring, 1996 on developing community or Achievement Plus schools, which are full service schools which offer comprehensive educational, recreational and social services to students and families seven days a week, 16 hours a day, and 12 months a year; wHEREAS, the mayor, City council representatives, and City staff have visited community school models in New York City; WHEREA5, the state of Minnesota appropriated $3.3 million in 1997 for the development of community schools in Saint Paul; WHEREAS, two community or Aohievement Plus schools will open this fall at Monroe and Dayton's Bluff schools and at least three additional Achievement Plus schools are contemplated subject to funding approval of the state and additional necessary approvals from the City, the county, and the school district; WHEREAS, the City's role in Achievement Plus schools is anticipated to be primarily the provision of recreation services, but may include the provision of other services such areas as library, housing, public safety, and other community development services subject to budget and other necessary approvals by the administration and the City Council; and WHEREAS, xepresentatives of the Partners have negotiated an agreement which will govern the operation of Achievement Plus schools and establish a process by which the schools will be governed, operated, and evaluated; and WHEREAS, this agreement commits the City to work with the other partners to make Achievement Plus schools a success but preserves the ability of the City to determine what financial and operational commitments it makes to the schools based on the specific commitments requested and after following budget and other appropriate processes. 1 2 3 4 5 6 7 8 9 10 11 12 IT RESOLVED that int Paul, and the review and sites to School Distric�� „+��q t selection cri eria an a NOW, TBERfiFORE, BE IT RSSOLVED BY THE SAINT PAUL CITY COIINCIL: The proper City officials are authorized to enter into the agreement for establishing Achievement Plus schools with the Wilder Foundation, the Saint Paul School District, and Ramsey County in substantially the form attached hereto. Requested by Department of: Office of the BY: �- ��[ 5.��,� -�- Adopted by Council: Date \� � Adoption Certified by Council Secretary By: App� By: Form Approved by City At �� By: Cc,� Approved by Mayor for Submission to Council By: ✓ 1� ACHPLSRE.WPD q�- to3°� DEPARTMEH{pppCE/COUNdL DATE INITIATED J� ld � 1 Mayor's office s/1s/9� GREEN SHEE CANTAGT PEFSON & PHONE INITIAUDATE INITIAU�ATE O DEPARTMENT DIRE � CITY COUNCIL Tim Marx, 266-8512 A$$IfaN CfTYATTORNEY CITVCLERK MUST BE ON LOUNC�L AGENDA BY (DATE) NUMBEF FOfl � � HOUTING � BUDGET DIRECTOR � FIN. & MGT. SERVICES DIR. ONDEN � MqYOR (OR ASSISTAN'� � TOTAL # OF SICaNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACT10N REQUESTE�: Approval o£ agreement Por community or Achievement Plus Schools. FECOMMENDATiONS: Approve (A) or Re�ect (R) pEASONAL SEAVICE COtiTHACTS M11ST ANSWEFi TNE FOLLOWINU QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE CqMMISSION �� Has this pe�sonlFirm ever worked untler a contract fo� this department? � CIB COMMITTEE YES NO _ STAFF 2. Has this person/firm ever been a city employee? — YES NO _ DISTRICTCOUR7 _ 3. Does this person/firm possess a skill not normally possessed by eny current city employee? SUPPOqTS WHICH CAUNqL O&IECT�VE4 YES NO Explain all yes answers on separate sheet antl atteeh to green ahcet MfTIATING PROBLEM, ISSUE, OPPORiUNITY (Who, What, When, VJhere, Why)� Opportunity for increased student achievement. ADVANTAGESIFAPPROVED: City will participate in a new partnership with the School District, Ramsey County, the State, the Wilder Foundation and others to establish year round schools offering educational and related recreation and social services. DISA�VANTAGESIFAPPROVED: � �ISADVANTAGES IF NOTAPPROVED: � � TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIfBG SOURCE AC71VI7Y NUMBER FINANCIAL INFORhSATION: (EXPLAIN) ��_ i ��y Councilmember Mike Harris August 27, 1997 � Amendment to Council File 97-1039 ��,�' �� Therefore, be it resolved that Ramsey Co ty, the Saint Paul School District, the City of Saint Paul, and the Wilder Foundation will� selection criteria and a selection process for any additional sites o the Couniy Board, the School Board, and the City Council for review and approval. � �Z�� q � � �o3q SAINT l.UL � IIAAA CITY OF 5AINT PAUL Norm Coleman, Mayor TO: Council President Dave Thune Councilmember Jerry Biakey Councilmember Dan Bostrom Councilmember Joe Collins Councilmember Mike Harris sso ary sau IS West Ktllogg Bouteva,d Saint Paul, Mirsnesou 55102 Te(ephane: (672) 266-8510 Fatsimik: (612) 266�85I3 Councilmember Roberta Megazd Councilmember Gladys Morton FROM: Tim Marx, Deputy Mayo�\ � DATE: August 19, 1997 RE: Achievement Plus Schools Agreement Attached is an agreement governing the City's participation in Achievement Plus or community schools with the Saint Paui Schooi District, Ramsey County, and the Wilder Foundation. A resolution authorizing execution of the agreement is also attached. This will be on the Council Agenda for August 27 for your consideration and approval. It is on the agendas of the School Board and the Ramsey County Board this week for their respective approvals. Achievement Plus offers us a significant opportunity to implement two key elements of the City's Community Development Agenda: (1) Making the City an even better place to raise children and (2) engaging in effective civic collaborarions. You have received several reports on this project as it has progressed. We are now at the point where the participants should establish a governing structure for the entire project and for each site. The agreement establishes a coordinating committee with representatives from the participants for the entire project and a site-based team at each Achievement Plus School site. It is contempiated that the City will provide primarily recreationai and related services at each school site in conjunction with existing or planned recreation centers that will be at or near each site. The City may also provide other services such as library services. q�_io39 The agreement does not commit the City to a sgecific service or funding level. The staffs of project participants will evaluate what the service needs aze and how those services can be coordinated among the participants. Each participant will then determine through its budget and other processes what specific resource commitments it will make to the overall project and to the various sites. The 19971egislature appropriated $3.3 million for the project, an additionai request will be made to the 19981egislature, and the Wilder Founda6on and others have and will be - committing significant additional resources as well. The participation of the City is helping to leverage significant additional investment from others in order to increase student achievement. We request the Council's approval of the agreement to formalize this exciting new community collaborative. If you have any questions, please give me a call at 6-8512. Attachment cc: Bob Piram Vince Gillespie Virginia Palmer (wlattach) q�-►o3g CITY OF SAINT PAUL 390 Ciry Hall Zekphnne: (612) 2668530 Norm Coleman, Mayo� IS West Kellogg Bouleva,d Facsimile: (6l2) 266-SS13 Saint Paul, Minnesota 55102 TO: Council President Dave Thune Councilmember Jerry Blakey Councilmember Dan Bostrom Councilmember Joe Collins Counciimember Mike Harris Councilmember Roberta Megard Counciimember Gladys Morton FROM: Tim Marx, Deputy Mayo 4�\ � DATE: August 19, 1997 RE: Achievement Plus Schools Agreement Attached is an agreement goveming the City's participation in Achievement Plus or community schools with the Saint Paul School District, Ramsey County, and the Wilder Foundation. A resolution authorizing execution of the agreement is also attached. This will be on the Council Agenda for August 27 for your consideration and approval. It is on the agendas of the School Board and the Ramsey County Board this week for their respective approvals. Achievement Plus offers us a significant opportunity to implement two key elements of the City's Community Development Agenda: (1) Making the City an even better place to raise children and (2) engaging in effective civic collaborations. You have received several reports on this project as it has progressed. We are now at the point where the participants should establish a goveming structure for the entire project and for each site. The agreement establishes a coordinating committee with rep*esentatives from the participants for the endre project and a site-based team at each Achievement Plus School site. It is contemplated that the City will provide primarily recreational and related services at each school site in conjuncfion with existing or planned recreation centers that will be at or near each site. The City may also provide other services such as library services. a�- �o3q The agreement does not commit the City to a specific service or funding level. The staffs of project participants will evaluate what the service needs are and how those services can be coordinated among the participants. Each garricipant will then determine through its budget and other processes what specific resource cammitments it will make to the overall project and to the various sites. The 19971egisiature appropriated $3.3 million for the project, an add"ationai request will be made to the 1998 legislature, and the Wilder Foundarion and others have and will be committing significant additional resources as well. The participation of the City is helping to leverage significant additionai investment from others in order to increase student achievement. We request the Council's approval of the agreement to formalize this exciting new community collaborative. If you have any questions, please give me a cali at 6-8512. Attachment cc: Bob Piram Vince Gillespie Virginia Palmer (w/attach) 9� - � 039 ACHIEVEMENT PLUS AGREEMENT This Ageement ("Agreement") is made and entered into on this _ day of , 1997, by and among the Amherst H. Wilder Foundation, a non-profit corporation (°Wilder"); the City of Saint Paul, a municipal corporation of the State of Minnesota ("City"); Ramsey County, a home rule chazter county ("County"); and Tndependent School District No. 625, a Minnesota public corpora*ion ("Schooi District") (Wilder, City, County and School District are sometimes collectively referred to herein as "Participants"). RECITALS A. The Participants have formulated a public education reform proposal known as "Achievement Plus° ('Project"), whose objective is to improve student achievement by: • Creating a model of urban education that is affordable and replicable on a large scale; • Bringing together the resources and capabilities of public and private entities to strengthen the capacity of public education; • Forming a pub3ic/private parmership that integrates academic, family, health, social and recreational supports to children, families and communities; • Developing and locating community schools in those urban neighborhoods of Saint Paul with high concentrations of low income families with children under age 16; • Increasing parent and public access to "community school" facilities by designing, constructing and operating facilities that will strengthen the involvement of parents and community members in the education of young children. �,3�, August 1& 199'! `t'1- l0 3 °► B. The Minnesota Depanment of Children, Families and I.earning has worked cooperatively with the Participants in developing a statewide perspective for the Project by contributing staff resources and technical assistance and by facilitating legislative initiatives in support of the Project. C. The Participanu have agreed to foster coordination of their resources and to manage their respective functions of park/recreation, education and human services in furtherance of the Project at community school sites. Two community schools are scheduled to begin operation in the fall of 1998 at Dayton's Bluff Elementary School, 262 Bates Avenue, St. Paul, and Monroe Community School, 810 Palace Avenue, St. Paul. Based upon continued funding by the legislature, at least three additional community schools aze contemplated subject to the terms of this Agreement. D. The Participants have agreed and understood that it is important 1) to develop clear e�ected outcomes and objectives for the Project as a whole and for each community schooi; 2) for the Project and each community school to be evaluated based upon those expected outcomes and objectives, and 3) for adjustments and changes to be made to the Project and in each community school based upon the results of the evaluations. The Participants have further agreed that each Participant's commitment to the Project and to each existing or contemplated community school will be based upon evaluations of the success of the Project in achieving the outcomes and objectives that are established. E. The Participants desire to memorialize in this Agreement their respective ohligations and responsibilities to the Project. �ai3o6 � Augut 18, 1997 2 9'1- �os9 AGREEMENT Now therefore, for good and valuable consideration, the receipt and sufficiency of which is aci�owledged, the Participants agree with each other as follows: ARTICLE 1 DESCRIPTIOl�i OF ACHIEVEME1�iT PLUS PRO.TECT 1.1 General. Like traditional schools, Achievement Plus Project schools are structured to achieve educational goals. They are designed to improve educational outcomes by bringing parents, schools and community groups together to ensure that students have access to extended-day and supportive services. Achievement Plus Project schools are not meant to replace the traditional roles of families and teachers, but to provide vital support to both. Some of the key features of Achievement Plus Project schools are: • Early and continuous involvement of all critical partners: teachers, board members, parents, youth-serving agencies, communiry residents, social service and mental health providers, children, local businesses, funders, health care providers, libraries, police, park and recreation staff, and county human service/juvenile justice interests. • Facilities that perform multiple functions including: classrooms, resource centers for parents, community education, human services, physical, dental and mental health service areas and recreational spaces. • Responsiveness to the characteristics, needs, interests and strengths of the communities in which they are located. • Achievement is embedded into students' daily work through high e�ectations, performance-based assessment, ampie opportunities for enrichment and standardized testing. • Students and parents are viewed as important resources who are eapected to share ideas and make decisions about school programs and facility design and use. This responsibility contributes to their involvement and sense of ownership in the schools. �,�-, n�s�� a iv9, 3 °I� - � The communiry is an ertension of the school environment. The schoo]s use the resources of other local facilities such as libraries, community centers and recreation centers. Community organizations may offer their services and resources in the school building Community members and parents are active in both paid and unpaid positions throughout the schools. • Before-and after-school and school vacation programs e�end the actual hours and opportunities for education and enrichment eJCperiences. These programs help meet the community's need for structured and supervised activities for children. • Parents actively participate in the education of their children. Students, parents and teachers have eJtplicit and shared educational objectives that form the basis of their relationship. • As school stakeholders, parents play a vital role in school governance by electing and/or serving on site-based goveming councils that have a strong role in decisions about the school budgets, staffing, curriculum and instruction, organization, policies, evaluation and use of space. • Active community life and engaged citizens are core philosophies. The school facility houses an anay of community services and resources, and the cuniculum supports and facilitates involvement of children and adults in community based learning and service. • The schools are open eJttended hours: evenings, weekends and during school vacations — to provide learning and recreation opportunities for the entire community. • Education, recreation and social services are integrated to produce a single system of family support that meets the locally identified interests and needs of families and children. • New facilities are designed and constructed to be flexible and support an array of community interests and activities. �,�� eW8�9L 1$ 199] c��_�as9 ARTICLE 2 GENERAL PRINCIPLES 21 Coordination. Each of the Participants agrees that in providing the services called for under this Agreement it will use its best efforts to coordinate those services with the services provided by the other Participants. 2.2 Obligations and Duties. Each of the Participants shall be and remain subject to aii of the same duties, liabilities and responsibilities as shall otherwise be imposed upon them by law and contract. Nothing in this Agreement shall, or is intended to, limit or relieve the Participants from such duties, liabilities and responsibilities. 23 Collection. Use, Dissemination and Maintenance of Records. All records collected, used, disseminated and stored by the Participants shall be maintained in accordance with applicable state and federal laws, including Minnesota Statutes, Chapter 13, and Minnesota Statutes, Chapter 144, as the same may be amended from time to time. 2.4 Internal Ooerations. The operation and maintenance of the respective offices, facilities and equipment of each of the Participants shall be solely under the control and supervision of each of them. Each of the Participants shall use its best efforts to comply with all recommendations and proposals estabiished or adopted from time to time by the Coordinating Committee with respect to the provision of services under this Agreement. 2.5 Relationship of Participants. The relationship between the Participants is that of independent entities contracting with each other solely for the purpose of effecting the provisions of this Agreement. None of the Participants, nor any of their respective offices, director or employees, shall be construed to be the agent, employee or representative of the �,��, August 1$ t99] � q � _ to39 other. Further, this Agreement shall not be wnstrued to create a partnership, }oint venture or like relationship between the parties hereto. The parties e�ressly disavow any intent to create a partnership, joint venture relationship or any other legal entity. Nothing herein shall be construed to make Wilder or the City or the County engaged in the business of a public school within the meaning of Minnesota Statutes § 120.05. 2.6 Human Resources. Each Participant shall have sole control over the selection and supervision of its respective staff. Each Participant agrees to consider *ecommendations from the other Participants when making key staffmg decisions. ARITCLE 3 ROLES AND RESPONSIBILITIES OF WILDER 3.1 General. During the term of this Agreement, Wilder agrees to provide the services andJor resources described on F,a�hibit A attached hereto. 3.2 Compliance with I,aws. Wilder agrees to comply with all federal, state, county, and local laws, regulations, ordinances, rules, and certifications as pertaining to the facilities, programs, and staff for which Wilder in the performance of its obligations under the Agreement, is responsible during the term of this Agreement. This will include, but not be limited to, current health, fire marshal, and program licenses, certification of staff when required, and all other applicable laws (including the Americans with Disabilities Act), regulations, ordinances, rules, and certifications which are effective or will become effective during the period of this Agreement. 3.3 Cor�orate Power and Authoritv. Wilder has the full power, right and authoriry to esecute and deliver this Agreement and to perform and observe each and all of the �,�, n� ivm 6 91- /a3� matters and things provided for therein. The execution and delivery of this Agreement and the performance and obsen�ance by Wilder of the terms thereof has been duly authorized by a Resolution of the Board of Directors, dated , 1997. ARTICLE 4 ROLES AND RESPONSIBILITIES OF CITY 4.1 General. During the term of this Agreement, the City agrees to provide the services and/or resources described on Exhibit B attached hereto, and subject to the conditions stated herein. 4.2 Compliance with law. 'I`he City agrees to comply with all federal, state, county, and local laws, regulations, ordinances, rules, and certifications as pertaining to the facilities, programs, and staff for which the City in the performance of its obligations under the Agreement, is responsible during the term of this Agreement. This will include, hut not be limited to, current health, fire marshal, and program licenses, certification of staff when required, and all other applicable laws (including the Americans with Disabilities Act), regulations, ordinances, rules, and certifications which are effective or will become effective during the period of this Agreement. 4.3 Authorization. The City has the full power, right and authority to execute and deliver this Agreement and to perform and observe each and all of the matters and things provided for therein. The execution and delivery of this Agreement and the performance and observance by the City of the terms thereof has been duty authorized by a Resolution of the Ciry Council, dated , 1997. ��, n� �a i�m 7 ��-I� nxTTC� s ROLES AND RESPONSIBILITIES OF COUNTY 5.1 General. During the term of this Ageement, the County agrees to provide the services and/or resources descn�bed on Exhibit C attached hereto. 5.2 Compliance with Laws. The County agrees to comply with all federal, state, county, and local laws, regulations, ordinances, rules, and certifications as pextaining to the facilities, programs, and staff for which the County in the performance of its obligatior_c under the Agreement, is responsible during the term of this Agreement. This will include, but not be limited to, current health, fire marshal, and program licenses, certification of staff when required, and all other applicable laws (including the P.mericans with Disabilities Act), regulations, ordinances, rules, and certifications which are effective or will become effective during the period of this Agreement. 53 Corporate Power and Authoritv. The County has the fuil power, right and authority to execute and deliver this Agreement and to perform and observe each and ali of the matters and things provided for therein. The execution and delivery of this Agreement and the performance and observance by the County of the terms thereof has been duly authorized by a Resolution of the Board of County Commissioners, dated 1997. ARTICLE 6 ROLE AND RESPONSIBILITIES OF SCHOOL DISTRICT 61 General. During the term of this Agreement, School District agrees to provide the services and/or resources described on Exhibit D attached hereto. ��, o August 1� 1997 O q`1'to3q 6.2 Co�liance with Laws. School District agrees to comply with all federal, state, county, and local laws, regulations, ordinances, rules, and certifications as pertaining to the facilities, programs, and staff for which School District in the performance of its obligations under the Agreement, is responsible during the term of this Agreement. 'This will include, but not be limited to, current heaith, fire marshal, and program licenses, certification of staff when required, and all other applicable laws (including the Americans with Disabilities Act), regulations, ordinances, rules, and certifications which are effective or will become effective during the period of this Agreement. 6.3 Corporate Power and Authoritv. School District has the full power, right and authority to execute and deliver this Agreement and to perform and observe each and all of the matters and things provided for therein. The execution and delivery of this Agreement and the performance and observance by the School Board of the terms thereof has been duly authorized by a Resolution of the School Board, dated , 1997. ARTICLE 7 GOVERNANCE 7.1 Establishment of Coordinating Committee. There is hereby established a Coordinating Committee which shall consist of four (4) persons. Each of the Participants hereto shall have the right to designate one Coordinating Committee member. Each of the Participants hereto shall notify the other Participants in writing of the person it appoints to the Coordinating Committee and any subsequent changes in such appointment. �.2 Res�onsibilities of Coordinatin„e, Committee. The Coordinating Committee will: �i�� ,w�,� ia i9r, 9 `t9, (03� • Establish, modify and monitor the Project's objectives and evaluation strategy; • Develop the annual budget for the Project, based upon the projected resources to be contributed by each Participant; • FacIlitate cost sharing, problem solving and information exchange across institutional and departmental lines within their respective organizations in order to support the projecYs objectives; • Develop the annual communications plan; • Represent the Project in their respective organizations; • Make recommendation regarding the resolution of issues affecting Project implementation; • Coordinate with the Minnesota Department of Children, Families and Learning; and • Establish the procedures by which it shall operate. 73 Meetings of Coordinatin�* Committee: Actions. There shall be at least two (2) regular meetings of the Coordinating Committee annually, which shall be held on such dates and places as may be designated either by the Coordinating Committee, or failing such designation by the Coordinating Committee, by Wilder. Special meetings may be held at the cail of any one (1) of the Coordinating Committee members. Notice and purpose of any regular or special meeting of the Coordinating Committee shall be given to all Coordinating Committee members in writing by Wilder at least 24 hours in advance of such meeting. A minimum of three members of the Coordinating Committee shall be necessary and sufficient to constitute a quorum for the transaction of business. A conference among Coordinating Committee members by any means of communication through which the Coordinating Committee members may simultaneously communicate with each other during the �,�, Auguet 1$ 1997 IQ �l�l - to3� conference constitutes a Coordinating Committee meeting if the same notice is given of the conference as would be required for a meeting, and if the number of Coordinating Committee members participating in the conference is sufficient to constitute a quorum at a meeting. 7.4 Establishment of Performance Criteria. The Participants through the Coordinating Committee shall establish multi-dimensional criteria by which to measure the effectiveness of the Project. 7.5 Establishment of Site-Based Teams. As each of the proposed community schools, a site-based team, composed of parents, students, staff representations from each Pazticipant, and others, shall be formed to implement the Project. These site-based teams will assist in identifying and promoting desired community services, participate in faciliry planning and design, and recommend ongoing programs and seivices. ARTICLE 8 8.1 Indemnification bv Wilder. To the maximum limits of liability as set forth in Minnesota Statutes §466.04 (assuming Wilder were a municipality eligible for the protections described in Minnesota Statutes, Chapter 466), Wilder shali indemnify, defend and hold the City, County and School District harmless from any claims, liability, loss, demands, costs and e�enses of any kind including reasonable attorney's fees and disbursements, which the City, County or School District may hereafter incur, sustain or be required to pay by reason of any negligent act or omission of Wilder or any servant, agent, or employee of Wilder and arising out of the performance by Wilder of the services defined in Article 3 hereof. 34730Q7 August 1$ 1997 11 °l�-to 8.2 Indemnification b,�. To the e�ent permitted by applicable law and to the limits set forth in Minnesota Statutes, Chapter 466, the City shall indemnify, defend and hold Wilder, the County and School District harmless from any claims, liability, loss, demands, costs and e�enses of any kind, including reasonable attomey's fees and disbursements, which Wilder, the County or School District may hereafter incur, sustain or be required to pay by reason of any negligent act or omission of the City or any servant, agent, or employee of the City and arising out of the performance by the City of the services described in Article 4 hereof. By executing this Agreement, the City does not waive any of the limitations on protections set forth in Minnesota Statutes, Chapter 466 or elsewhere in law. 8.3 Indemnification by the Countv. To the extent permitted by applicable law and to the limits set forth in Minnesota Statutes, Chapter 466, the County shall indemnify, defend, and hold Wilder, the City and the School District harmless from any claims, liability, loss, demands, costs and expenses of any kind including reasonable attorney's fees and disbursements, which Wilder, the City or the School District may incur, sustain or be required to pay by reason of any negligent act or omission of the County or any servant, agent, or employee of the County and arising out of the performance by the County of the services described in Article 5 hereof. By executing this Agreement, the County does not waive any of the limitations or protections set forth in Minnesota Statutes, Chapter 466 or elsewhere in law. 8.4 Indemnification by the School District. To the extent permitted by applicable law and to the limits set forth in Minnesota Statutes, Chapter 466, the School District shall indemnify, defend and hold Wilder, the City and County harmless from any claims, liability, ��, �� a �� 12 �t't-to loss, demands, costs and expenses of any kind including reasonable attomey's fees and disbursements, which Wilder, the City or the County may hereafter incur, sustain or be required to pay by reason of any negligent act or omission of the School District or any servant, agent, or employee of the School District and arising out of the performance by the School District of the services defined in Article 6 hereof. By executing this Agreement, ihe School District does not waive any of the limitations or protections set forth in Minnesota Statutes, Chapter 466 or elsewhere in law. 8.5 Insurance. Each Participant agrees that to protect itself as well as the other Participants under the indemnificat3on sections in this Agreement, it will at all times during the term of this Agreement have and keep in force appropriate liability insurance which in the case of public entities may include self-insurance. Each Panicipant may request evidence of such coverage. 8.6 Survival. 'The provisions of this Article 8 shall survive any termination of this Agreement. ARTICLE 9 TERM AND TERMINATION 9.1 Term. The term of this Agreement shall commence on the effective date of this Agreement as set forth above and shall continue for one (1) yeaz from such effective date; rp ovide, however, that any Participant may withdraw from its participation under this Agreement by giving the other Participants at least sixty (60) days prior written notice of its intent to withdraw at the addresses set forth in Section 10.1. ��, A��,� �a �� 13 q1- lo3g 9.2 Renewal Oprions. The term of this Agreement shall be extended by the Participants for successive one (1) year periods, commencing , 1998, unless at least ninety (90) days prior thereto a Participant notifies the other Participants of its desire to terminate this Agreement at the end of such year or e�ended year. 9.3 Effect of Withdrawal. Upon the effective date of a notice of withdrawal as provided for in Section 9.1, the withdrawing Participant shall discontinue delivery of the services and resources to be performed by it under this Agreement. Such Participant agrees to maintain financiai records for three(3) years after the last date of seivices under this Agreement in accordance with Minnesota Statutes, § 16B.06, Subdivision 4. ARTICLE 10 MISCELLANEOUS 10.1 Notice. All notices, communications, payments, and other documents required or permitted by this Agreement shall be conclusively deemed to be given if the same is personally delivered to, or placed in an envelope which is sent by registered ar certified United States maii, postage prepaid and addressed to the addresses listed below or to such other addresses as may be provided by a Participant to the others: Wilder: Amherst H. Wilder Foundation 919 Lafond Avenue St. Paul, Minnesota 55104 Attn: City: City of Saint Paul City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Attn: ��, .��<�a t�� 14 �� _ �,039 County: Ramsey County 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Attn: School District: School District No. 625 360 Colbome Street St. Paul, Minnesota 55102 Attn: 10.2 Modification Amendment. This Agreement may be modified or amended oniy by a written amendment hereto duly executed by all of the parties hereto. 10.3 Governine Law. This Agreement is made and entered into in the State of Minnesota, and shall be governed in all respects by the laws of the State of Minnesota. 10.4 Benefit. The rights, duties, obligations, and undertakings of the parties under this Agreement are not assignable or delegable in whole or in part without the prior written consent of all other parties hereto. 10.5 Entire Aereement. This Agreement embodies the entire Agreement between Participants concerning the subject matter of this Agreement and supersedes all other previous oral or written agreements concerning all or any part of the subject matter of this Agreement. xi3os � nua�� 4 i9s� 1$ q'l-1o IN WITNESS WHEREOF, the Participants have executed this Agreement this _ day of , 1997. AIvIHERST H. WILDER FOUNDATION � CITY OF SAINT PAUL By: Its Mayor : : Thomas W. Kingston Its: President Its Its Director of Parks and Recreation Approved as to form: City Attomey B Its Director of Office of Financial Services RAMSEY COUNTY I� Chair of the Board of Ramsey County Commissioners Approved as to form: : Chief Clerk, County Board Assistant County Attorney �o��, ,w�i ie, �ssr 16 SCHOOL DISTRICT NO. 625 By: Its Chair B Its Clerk ��a., ��s� �a �� 17 °t'1-1 . �: SfiRVICES AND RESOURCES TO BE PROVIDED BY WII.,DER • Provide supplementary staffing and management leadership to the Project. • Convene Participants and serve as lead stakeholder and co-developer. • Help identify service needs in collaboration with neighborhood communities. • Lead the fundraising process. • Manage the facilities, subject to the authorization and approval of the other Participants, during all hours not typically overseen by other Participants. • Coordinate the presence of other community providers and services in the school buildings. • Provide leadership to the ProjecYs evaluation design and implementation. • Assist in evaluating the ProjecYs effectiveness. • Provide resources through the redeployment of appropriate Wilder services, the funding for project development and the leadership of the overall Project. ��, �a�� la ism A-1 a �. �a3� E�.�: 1: YI�'. SERVICES AND RESOURCES TO BE PROVIDED BY CITY • Design, construct, operate and manage recreation centers so that they complement and support Achievement Plus Project schools, as may be approved by the City or appropriate authority following budget or other processes. • Help identify and assist in the acquisition of community facilities, as may be approved by the City or appropriate authority follow:ng budget or other processes. • Provide partial capital and operating funding and support services for the recreational component of Achievement Plus Project schools as approved by the City or appropriate authority, subject to budget or other processes. • Deploy capital and operating funds and staffmg for recreation/library and other relevant components of Achievement Plus Project schools as approved by the City or appropriate authority, subject to budget or other processes. • Provide leadership to reduce City govemment bazriers that impede attainment of Project's goals. • Assist in evaluating the Pro}ecYs effectiveness. • Provide leadership to the ProjecYs evaluation design and implementation. ��, n�� a ivr� B-1 q�t - tos� EXHIBTI' C SERVICES AND RESOURCES TO BE PROVIDED BY COLINTY • 5upport deployment of mutually agreed upon county health and human services to Achievement Plus Schoo]s. • Assist in evaluating the Project's performance. • Coordinate the delivery of county services with other public and private agencies working to achieve the goals of r;.e Project. • Provide leadership to the ProjecY evaluation design and implementation. • Promote prevention activities as agreed upon by the County. 3413067 August 18. 1997 C' 1 9�1- to39 EXHIBIT D SERVICES AND RESOURCES TO BE PROVIDED BY SCHOOL DISTRIC'I' • Help identify and acquire sites — serve as co-developer. • Maintain standard "level of effort" funding at the conversion school sites. • Deploy capital funds as may be approved by the School Board or appropriate authority following budget or other processes. • L.ead the development and implementation of curriculum and instructional strategies that strengthen student achievement. • Provide the instructional school-day program. • Provide student test data and technical support so that test data can be used at the project and site level. • Manage and support the school facilities during "school" hours. • Provide student transportation as may be approved by the School Boazd. • Provide food service appropriate to community school activities as may be approved by the School Board. • Lead long-term, locai public financing strategy for e�ended-hour activities. • Ensure the commitment and participation of other relevant Saint Paul School District departments (e.g., community education, health, custodial). • Provide leadership to reduce school district barriers that impede attainment of project's goals. ��,, ,.,» �a �� D-1 �'Cc��i\C�� l — Green sheet # .� 7 �I �7 CITY OF Presented By 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Referred To g►�.�,1�� Council File # � l � � �3q (►�II►I►I�.Y�/�1 �.1 Committee: Date RESOLttTION GRANTING APPROVAL POR AGREEMENT ES ACHIEVEl�NT PLUS COMMONITY SCHOOLS J WHEREAS, it is in the City`s interest to promote education reforms and support other initiatives that will increase student achievement; WHEREAS, the Community Development Agenda for the City recommends that the City take actions which make the City an even better place to raise children and calls for effective Civic collaboration; WHEREAS, the City has been working with the Wilder Foundation, the Saint Paul School District, Ramsey County and the State of Minnesota (the Partners) since Spring, 1996 on developing community or Achievement Plus schools, which are full service schools which offer comprehensive educational, recreational and social services to students and families seven days a week, 16 hours a day, and 12 months a year; wHEREAS, the mayor, City council representatives, and City staff have visited community school models in New York City; WHEREA5, the state of Minnesota appropriated $3.3 million in 1997 for the development of community schools in Saint Paul; WHEREAS, two community or Aohievement Plus schools will open this fall at Monroe and Dayton's Bluff schools and at least three additional Achievement Plus schools are contemplated subject to funding approval of the state and additional necessary approvals from the City, the county, and the school district; WHEREAS, the City's role in Achievement Plus schools is anticipated to be primarily the provision of recreation services, but may include the provision of other services such areas as library, housing, public safety, and other community development services subject to budget and other necessary approvals by the administration and the City Council; and WHEREAS, xepresentatives of the Partners have negotiated an agreement which will govern the operation of Achievement Plus schools and establish a process by which the schools will be governed, operated, and evaluated; and WHEREAS, this agreement commits the City to work with the other partners to make Achievement Plus schools a success but preserves the ability of the City to determine what financial and operational commitments it makes to the schools based on the specific commitments requested and after following budget and other appropriate processes. 1 2 3 4 5 6 7 8 9 10 11 12 IT RESOLVED that int Paul, and the review and sites to School Distric�� „+��q t selection cri eria an a NOW, TBERfiFORE, BE IT RSSOLVED BY THE SAINT PAUL CITY COIINCIL: The proper City officials are authorized to enter into the agreement for establishing Achievement Plus schools with the Wilder Foundation, the Saint Paul School District, and Ramsey County in substantially the form attached hereto. Requested by Department of: Office of the BY: �- ��[ 5.��,� -�- Adopted by Council: Date \� � Adoption Certified by Council Secretary By: App� By: Form Approved by City At �� By: Cc,� Approved by Mayor for Submission to Council By: ✓ 1� ACHPLSRE.WPD q�- to3°� DEPARTMEH{pppCE/COUNdL DATE INITIATED J� ld � 1 Mayor's office s/1s/9� GREEN SHEE CANTAGT PEFSON & PHONE INITIAUDATE INITIAU�ATE O DEPARTMENT DIRE � CITY COUNCIL Tim Marx, 266-8512 A$$IfaN CfTYATTORNEY CITVCLERK MUST BE ON LOUNC�L AGENDA BY (DATE) NUMBEF FOfl � � HOUTING � BUDGET DIRECTOR � FIN. & MGT. SERVICES DIR. ONDEN � MqYOR (OR ASSISTAN'� � TOTAL # OF SICaNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACT10N REQUESTE�: Approval o£ agreement Por community or Achievement Plus Schools. FECOMMENDATiONS: Approve (A) or Re�ect (R) pEASONAL SEAVICE COtiTHACTS M11ST ANSWEFi TNE FOLLOWINU QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE CqMMISSION �� Has this pe�sonlFirm ever worked untler a contract fo� this department? � CIB COMMITTEE YES NO _ STAFF 2. Has this person/firm ever been a city employee? — YES NO _ DISTRICTCOUR7 _ 3. Does this person/firm possess a skill not normally possessed by eny current city employee? SUPPOqTS WHICH CAUNqL O&IECT�VE4 YES NO Explain all yes answers on separate sheet antl atteeh to green ahcet MfTIATING PROBLEM, ISSUE, OPPORiUNITY (Who, What, When, VJhere, Why)� Opportunity for increased student achievement. ADVANTAGESIFAPPROVED: City will participate in a new partnership with the School District, Ramsey County, the State, the Wilder Foundation and others to establish year round schools offering educational and related recreation and social services. DISA�VANTAGESIFAPPROVED: � �ISADVANTAGES IF NOTAPPROVED: � � TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIfBG SOURCE AC71VI7Y NUMBER FINANCIAL INFORhSATION: (EXPLAIN) ��_ i ��y Councilmember Mike Harris August 27, 1997 � Amendment to Council File 97-1039 ��,�' �� Therefore, be it resolved that Ramsey Co ty, the Saint Paul School District, the City of Saint Paul, and the Wilder Foundation will� selection criteria and a selection process for any additional sites o the Couniy Board, the School Board, and the City Council for review and approval. � �Z�� q � � �o3q SAINT l.UL � IIAAA CITY OF 5AINT PAUL Norm Coleman, Mayor TO: Council President Dave Thune Councilmember Jerry Biakey Councilmember Dan Bostrom Councilmember Joe Collins Councilmember Mike Harris sso ary sau IS West Ktllogg Bouteva,d Saint Paul, Mirsnesou 55102 Te(ephane: (672) 266-8510 Fatsimik: (612) 266�85I3 Councilmember Roberta Megazd Councilmember Gladys Morton FROM: Tim Marx, Deputy Mayo�\ � DATE: August 19, 1997 RE: Achievement Plus Schools Agreement Attached is an agreement governing the City's participation in Achievement Plus or community schools with the Saint Paui Schooi District, Ramsey County, and the Wilder Foundation. A resolution authorizing execution of the agreement is also attached. This will be on the Council Agenda for August 27 for your consideration and approval. It is on the agendas of the School Board and the Ramsey County Board this week for their respective approvals. Achievement Plus offers us a significant opportunity to implement two key elements of the City's Community Development Agenda: (1) Making the City an even better place to raise children and (2) engaging in effective civic collaborarions. You have received several reports on this project as it has progressed. We are now at the point where the participants should establish a governing structure for the entire project and for each site. The agreement establishes a coordinating committee with representatives from the participants for the entire project and a site-based team at each Achievement Plus School site. It is contempiated that the City will provide primarily recreationai and related services at each school site in conjunction with existing or planned recreation centers that will be at or near each site. The City may also provide other services such as library services. q�_io39 The agreement does not commit the City to a sgecific service or funding level. The staffs of project participants will evaluate what the service needs aze and how those services can be coordinated among the participants. Each participant will then determine through its budget and other processes what specific resource commitments it will make to the overall project and to the various sites. The 19971egislature appropriated $3.3 million for the project, an additionai request will be made to the 19981egislature, and the Wilder Founda6on and others have and will be - committing significant additional resources as well. The participation of the City is helping to leverage significant additional investment from others in order to increase student achievement. We request the Council's approval of the agreement to formalize this exciting new community collaborative. If you have any questions, please give me a call at 6-8512. Attachment cc: Bob Piram Vince Gillespie Virginia Palmer (wlattach) q�-►o3g CITY OF SAINT PAUL 390 Ciry Hall Zekphnne: (612) 2668530 Norm Coleman, Mayo� IS West Kellogg Bouleva,d Facsimile: (6l2) 266-SS13 Saint Paul, Minnesota 55102 TO: Council President Dave Thune Councilmember Jerry Blakey Councilmember Dan Bostrom Councilmember Joe Collins Counciimember Mike Harris Councilmember Roberta Megard Counciimember Gladys Morton FROM: Tim Marx, Deputy Mayo 4�\ � DATE: August 19, 1997 RE: Achievement Plus Schools Agreement Attached is an agreement goveming the City's participation in Achievement Plus or community schools with the Saint Paul School District, Ramsey County, and the Wilder Foundation. A resolution authorizing execution of the agreement is also attached. This will be on the Council Agenda for August 27 for your consideration and approval. It is on the agendas of the School Board and the Ramsey County Board this week for their respective approvals. Achievement Plus offers us a significant opportunity to implement two key elements of the City's Community Development Agenda: (1) Making the City an even better place to raise children and (2) engaging in effective civic collaborations. You have received several reports on this project as it has progressed. We are now at the point where the participants should establish a goveming structure for the entire project and for each site. The agreement establishes a coordinating committee with rep*esentatives from the participants for the endre project and a site-based team at each Achievement Plus School site. It is contemplated that the City will provide primarily recreational and related services at each school site in conjuncfion with existing or planned recreation centers that will be at or near each site. The City may also provide other services such as library services. a�- �o3q The agreement does not commit the City to a specific service or funding level. The staffs of project participants will evaluate what the service needs are and how those services can be coordinated among the participants. Each garricipant will then determine through its budget and other processes what specific resource cammitments it will make to the overall project and to the various sites. The 19971egisiature appropriated $3.3 million for the project, an add"ationai request will be made to the 1998 legislature, and the Wilder Foundarion and others have and will be committing significant additional resources as well. The participation of the City is helping to leverage significant additionai investment from others in order to increase student achievement. We request the Council's approval of the agreement to formalize this exciting new community collaborative. If you have any questions, please give me a cali at 6-8512. Attachment cc: Bob Piram Vince Gillespie Virginia Palmer (w/attach) 9� - � 039 ACHIEVEMENT PLUS AGREEMENT This Ageement ("Agreement") is made and entered into on this _ day of , 1997, by and among the Amherst H. Wilder Foundation, a non-profit corporation (°Wilder"); the City of Saint Paul, a municipal corporation of the State of Minnesota ("City"); Ramsey County, a home rule chazter county ("County"); and Tndependent School District No. 625, a Minnesota public corpora*ion ("Schooi District") (Wilder, City, County and School District are sometimes collectively referred to herein as "Participants"). RECITALS A. The Participants have formulated a public education reform proposal known as "Achievement Plus° ('Project"), whose objective is to improve student achievement by: • Creating a model of urban education that is affordable and replicable on a large scale; • Bringing together the resources and capabilities of public and private entities to strengthen the capacity of public education; • Forming a pub3ic/private parmership that integrates academic, family, health, social and recreational supports to children, families and communities; • Developing and locating community schools in those urban neighborhoods of Saint Paul with high concentrations of low income families with children under age 16; • Increasing parent and public access to "community school" facilities by designing, constructing and operating facilities that will strengthen the involvement of parents and community members in the education of young children. �,3�, August 1& 199'! `t'1- l0 3 °► B. The Minnesota Depanment of Children, Families and I.earning has worked cooperatively with the Participants in developing a statewide perspective for the Project by contributing staff resources and technical assistance and by facilitating legislative initiatives in support of the Project. C. The Participanu have agreed to foster coordination of their resources and to manage their respective functions of park/recreation, education and human services in furtherance of the Project at community school sites. Two community schools are scheduled to begin operation in the fall of 1998 at Dayton's Bluff Elementary School, 262 Bates Avenue, St. Paul, and Monroe Community School, 810 Palace Avenue, St. Paul. Based upon continued funding by the legislature, at least three additional community schools aze contemplated subject to the terms of this Agreement. D. The Participants have agreed and understood that it is important 1) to develop clear e�ected outcomes and objectives for the Project as a whole and for each community schooi; 2) for the Project and each community school to be evaluated based upon those expected outcomes and objectives, and 3) for adjustments and changes to be made to the Project and in each community school based upon the results of the evaluations. The Participants have further agreed that each Participant's commitment to the Project and to each existing or contemplated community school will be based upon evaluations of the success of the Project in achieving the outcomes and objectives that are established. E. The Participants desire to memorialize in this Agreement their respective ohligations and responsibilities to the Project. �ai3o6 � Augut 18, 1997 2 9'1- �os9 AGREEMENT Now therefore, for good and valuable consideration, the receipt and sufficiency of which is aci�owledged, the Participants agree with each other as follows: ARTICLE 1 DESCRIPTIOl�i OF ACHIEVEME1�iT PLUS PRO.TECT 1.1 General. Like traditional schools, Achievement Plus Project schools are structured to achieve educational goals. They are designed to improve educational outcomes by bringing parents, schools and community groups together to ensure that students have access to extended-day and supportive services. Achievement Plus Project schools are not meant to replace the traditional roles of families and teachers, but to provide vital support to both. Some of the key features of Achievement Plus Project schools are: • Early and continuous involvement of all critical partners: teachers, board members, parents, youth-serving agencies, communiry residents, social service and mental health providers, children, local businesses, funders, health care providers, libraries, police, park and recreation staff, and county human service/juvenile justice interests. • Facilities that perform multiple functions including: classrooms, resource centers for parents, community education, human services, physical, dental and mental health service areas and recreational spaces. • Responsiveness to the characteristics, needs, interests and strengths of the communities in which they are located. • Achievement is embedded into students' daily work through high e�ectations, performance-based assessment, ampie opportunities for enrichment and standardized testing. • Students and parents are viewed as important resources who are eapected to share ideas and make decisions about school programs and facility design and use. This responsibility contributes to their involvement and sense of ownership in the schools. �,�-, n�s�� a iv9, 3 °I� - � The communiry is an ertension of the school environment. The schoo]s use the resources of other local facilities such as libraries, community centers and recreation centers. Community organizations may offer their services and resources in the school building Community members and parents are active in both paid and unpaid positions throughout the schools. • Before-and after-school and school vacation programs e�end the actual hours and opportunities for education and enrichment eJCperiences. These programs help meet the community's need for structured and supervised activities for children. • Parents actively participate in the education of their children. Students, parents and teachers have eJtplicit and shared educational objectives that form the basis of their relationship. • As school stakeholders, parents play a vital role in school governance by electing and/or serving on site-based goveming councils that have a strong role in decisions about the school budgets, staffing, curriculum and instruction, organization, policies, evaluation and use of space. • Active community life and engaged citizens are core philosophies. The school facility houses an anay of community services and resources, and the cuniculum supports and facilitates involvement of children and adults in community based learning and service. • The schools are open eJttended hours: evenings, weekends and during school vacations — to provide learning and recreation opportunities for the entire community. • Education, recreation and social services are integrated to produce a single system of family support that meets the locally identified interests and needs of families and children. • New facilities are designed and constructed to be flexible and support an array of community interests and activities. �,�� eW8�9L 1$ 199] c��_�as9 ARTICLE 2 GENERAL PRINCIPLES 21 Coordination. Each of the Participants agrees that in providing the services called for under this Agreement it will use its best efforts to coordinate those services with the services provided by the other Participants. 2.2 Obligations and Duties. Each of the Participants shall be and remain subject to aii of the same duties, liabilities and responsibilities as shall otherwise be imposed upon them by law and contract. Nothing in this Agreement shall, or is intended to, limit or relieve the Participants from such duties, liabilities and responsibilities. 23 Collection. Use, Dissemination and Maintenance of Records. All records collected, used, disseminated and stored by the Participants shall be maintained in accordance with applicable state and federal laws, including Minnesota Statutes, Chapter 13, and Minnesota Statutes, Chapter 144, as the same may be amended from time to time. 2.4 Internal Ooerations. The operation and maintenance of the respective offices, facilities and equipment of each of the Participants shall be solely under the control and supervision of each of them. Each of the Participants shall use its best efforts to comply with all recommendations and proposals estabiished or adopted from time to time by the Coordinating Committee with respect to the provision of services under this Agreement. 2.5 Relationship of Participants. The relationship between the Participants is that of independent entities contracting with each other solely for the purpose of effecting the provisions of this Agreement. None of the Participants, nor any of their respective offices, director or employees, shall be construed to be the agent, employee or representative of the �,��, August 1$ t99] � q � _ to39 other. Further, this Agreement shall not be wnstrued to create a partnership, }oint venture or like relationship between the parties hereto. The parties e�ressly disavow any intent to create a partnership, joint venture relationship or any other legal entity. Nothing herein shall be construed to make Wilder or the City or the County engaged in the business of a public school within the meaning of Minnesota Statutes § 120.05. 2.6 Human Resources. Each Participant shall have sole control over the selection and supervision of its respective staff. Each Participant agrees to consider *ecommendations from the other Participants when making key staffmg decisions. ARITCLE 3 ROLES AND RESPONSIBILITIES OF WILDER 3.1 General. During the term of this Agreement, Wilder agrees to provide the services andJor resources described on F,a�hibit A attached hereto. 3.2 Compliance with I,aws. Wilder agrees to comply with all federal, state, county, and local laws, regulations, ordinances, rules, and certifications as pertaining to the facilities, programs, and staff for which Wilder in the performance of its obligations under the Agreement, is responsible during the term of this Agreement. This will include, but not be limited to, current health, fire marshal, and program licenses, certification of staff when required, and all other applicable laws (including the Americans with Disabilities Act), regulations, ordinances, rules, and certifications which are effective or will become effective during the period of this Agreement. 3.3 Cor�orate Power and Authoritv. Wilder has the full power, right and authoriry to esecute and deliver this Agreement and to perform and observe each and all of the �,�, n� ivm 6 91- /a3� matters and things provided for therein. The execution and delivery of this Agreement and the performance and obsen�ance by Wilder of the terms thereof has been duly authorized by a Resolution of the Board of Directors, dated , 1997. ARTICLE 4 ROLES AND RESPONSIBILITIES OF CITY 4.1 General. During the term of this Agreement, the City agrees to provide the services and/or resources described on Exhibit B attached hereto, and subject to the conditions stated herein. 4.2 Compliance with law. 'I`he City agrees to comply with all federal, state, county, and local laws, regulations, ordinances, rules, and certifications as pertaining to the facilities, programs, and staff for which the City in the performance of its obligations under the Agreement, is responsible during the term of this Agreement. This will include, hut not be limited to, current health, fire marshal, and program licenses, certification of staff when required, and all other applicable laws (including the Americans with Disabilities Act), regulations, ordinances, rules, and certifications which are effective or will become effective during the period of this Agreement. 4.3 Authorization. The City has the full power, right and authority to execute and deliver this Agreement and to perform and observe each and all of the matters and things provided for therein. The execution and delivery of this Agreement and the performance and observance by the City of the terms thereof has been duty authorized by a Resolution of the Ciry Council, dated , 1997. ��, n� �a i�m 7 ��-I� nxTTC� s ROLES AND RESPONSIBILITIES OF COUNTY 5.1 General. During the term of this Ageement, the County agrees to provide the services and/or resources descn�bed on Exhibit C attached hereto. 5.2 Compliance with Laws. The County agrees to comply with all federal, state, county, and local laws, regulations, ordinances, rules, and certifications as pextaining to the facilities, programs, and staff for which the County in the performance of its obligatior_c under the Agreement, is responsible during the term of this Agreement. This will include, but not be limited to, current health, fire marshal, and program licenses, certification of staff when required, and all other applicable laws (including the P.mericans with Disabilities Act), regulations, ordinances, rules, and certifications which are effective or will become effective during the period of this Agreement. 53 Corporate Power and Authoritv. The County has the fuil power, right and authority to execute and deliver this Agreement and to perform and observe each and ali of the matters and things provided for therein. The execution and delivery of this Agreement and the performance and observance by the County of the terms thereof has been duly authorized by a Resolution of the Board of County Commissioners, dated 1997. ARTICLE 6 ROLE AND RESPONSIBILITIES OF SCHOOL DISTRICT 61 General. During the term of this Agreement, School District agrees to provide the services and/or resources described on Exhibit D attached hereto. ��, o August 1� 1997 O q`1'to3q 6.2 Co�liance with Laws. School District agrees to comply with all federal, state, county, and local laws, regulations, ordinances, rules, and certifications as pertaining to the facilities, programs, and staff for which School District in the performance of its obligations under the Agreement, is responsible during the term of this Agreement. 'This will include, but not be limited to, current heaith, fire marshal, and program licenses, certification of staff when required, and all other applicable laws (including the Americans with Disabilities Act), regulations, ordinances, rules, and certifications which are effective or will become effective during the period of this Agreement. 6.3 Corporate Power and Authoritv. School District has the full power, right and authority to execute and deliver this Agreement and to perform and observe each and all of the matters and things provided for therein. The execution and delivery of this Agreement and the performance and observance by the School Board of the terms thereof has been duly authorized by a Resolution of the School Board, dated , 1997. ARTICLE 7 GOVERNANCE 7.1 Establishment of Coordinating Committee. There is hereby established a Coordinating Committee which shall consist of four (4) persons. Each of the Participants hereto shall have the right to designate one Coordinating Committee member. Each of the Participants hereto shall notify the other Participants in writing of the person it appoints to the Coordinating Committee and any subsequent changes in such appointment. �.2 Res�onsibilities of Coordinatin„e, Committee. The Coordinating Committee will: �i�� ,w�,� ia i9r, 9 `t9, (03� • Establish, modify and monitor the Project's objectives and evaluation strategy; • Develop the annual budget for the Project, based upon the projected resources to be contributed by each Participant; • FacIlitate cost sharing, problem solving and information exchange across institutional and departmental lines within their respective organizations in order to support the projecYs objectives; • Develop the annual communications plan; • Represent the Project in their respective organizations; • Make recommendation regarding the resolution of issues affecting Project implementation; • Coordinate with the Minnesota Department of Children, Families and Learning; and • Establish the procedures by which it shall operate. 73 Meetings of Coordinatin�* Committee: Actions. There shall be at least two (2) regular meetings of the Coordinating Committee annually, which shall be held on such dates and places as may be designated either by the Coordinating Committee, or failing such designation by the Coordinating Committee, by Wilder. Special meetings may be held at the cail of any one (1) of the Coordinating Committee members. Notice and purpose of any regular or special meeting of the Coordinating Committee shall be given to all Coordinating Committee members in writing by Wilder at least 24 hours in advance of such meeting. A minimum of three members of the Coordinating Committee shall be necessary and sufficient to constitute a quorum for the transaction of business. A conference among Coordinating Committee members by any means of communication through which the Coordinating Committee members may simultaneously communicate with each other during the �,�, Auguet 1$ 1997 IQ �l�l - to3� conference constitutes a Coordinating Committee meeting if the same notice is given of the conference as would be required for a meeting, and if the number of Coordinating Committee members participating in the conference is sufficient to constitute a quorum at a meeting. 7.4 Establishment of Performance Criteria. The Participants through the Coordinating Committee shall establish multi-dimensional criteria by which to measure the effectiveness of the Project. 7.5 Establishment of Site-Based Teams. As each of the proposed community schools, a site-based team, composed of parents, students, staff representations from each Pazticipant, and others, shall be formed to implement the Project. These site-based teams will assist in identifying and promoting desired community services, participate in faciliry planning and design, and recommend ongoing programs and seivices. ARTICLE 8 8.1 Indemnification bv Wilder. To the maximum limits of liability as set forth in Minnesota Statutes §466.04 (assuming Wilder were a municipality eligible for the protections described in Minnesota Statutes, Chapter 466), Wilder shali indemnify, defend and hold the City, County and School District harmless from any claims, liability, loss, demands, costs and e�enses of any kind including reasonable attorney's fees and disbursements, which the City, County or School District may hereafter incur, sustain or be required to pay by reason of any negligent act or omission of Wilder or any servant, agent, or employee of Wilder and arising out of the performance by Wilder of the services defined in Article 3 hereof. 34730Q7 August 1$ 1997 11 °l�-to 8.2 Indemnification b,�. To the e�ent permitted by applicable law and to the limits set forth in Minnesota Statutes, Chapter 466, the City shall indemnify, defend and hold Wilder, the County and School District harmless from any claims, liability, loss, demands, costs and e�enses of any kind, including reasonable attomey's fees and disbursements, which Wilder, the County or School District may hereafter incur, sustain or be required to pay by reason of any negligent act or omission of the City or any servant, agent, or employee of the City and arising out of the performance by the City of the services described in Article 4 hereof. By executing this Agreement, the City does not waive any of the limitations on protections set forth in Minnesota Statutes, Chapter 466 or elsewhere in law. 8.3 Indemnification by the Countv. To the extent permitted by applicable law and to the limits set forth in Minnesota Statutes, Chapter 466, the County shall indemnify, defend, and hold Wilder, the City and the School District harmless from any claims, liability, loss, demands, costs and expenses of any kind including reasonable attorney's fees and disbursements, which Wilder, the City or the School District may incur, sustain or be required to pay by reason of any negligent act or omission of the County or any servant, agent, or employee of the County and arising out of the performance by the County of the services described in Article 5 hereof. By executing this Agreement, the County does not waive any of the limitations or protections set forth in Minnesota Statutes, Chapter 466 or elsewhere in law. 8.4 Indemnification by the School District. To the extent permitted by applicable law and to the limits set forth in Minnesota Statutes, Chapter 466, the School District shall indemnify, defend and hold Wilder, the City and County harmless from any claims, liability, ��, �� a �� 12 �t't-to loss, demands, costs and expenses of any kind including reasonable attomey's fees and disbursements, which Wilder, the City or the County may hereafter incur, sustain or be required to pay by reason of any negligent act or omission of the School District or any servant, agent, or employee of the School District and arising out of the performance by the School District of the services defined in Article 6 hereof. By executing this Agreement, ihe School District does not waive any of the limitations or protections set forth in Minnesota Statutes, Chapter 466 or elsewhere in law. 8.5 Insurance. Each Participant agrees that to protect itself as well as the other Participants under the indemnificat3on sections in this Agreement, it will at all times during the term of this Agreement have and keep in force appropriate liability insurance which in the case of public entities may include self-insurance. Each Panicipant may request evidence of such coverage. 8.6 Survival. 'The provisions of this Article 8 shall survive any termination of this Agreement. ARTICLE 9 TERM AND TERMINATION 9.1 Term. The term of this Agreement shall commence on the effective date of this Agreement as set forth above and shall continue for one (1) yeaz from such effective date; rp ovide, however, that any Participant may withdraw from its participation under this Agreement by giving the other Participants at least sixty (60) days prior written notice of its intent to withdraw at the addresses set forth in Section 10.1. ��, A��,� �a �� 13 q1- lo3g 9.2 Renewal Oprions. The term of this Agreement shall be extended by the Participants for successive one (1) year periods, commencing , 1998, unless at least ninety (90) days prior thereto a Participant notifies the other Participants of its desire to terminate this Agreement at the end of such year or e�ended year. 9.3 Effect of Withdrawal. Upon the effective date of a notice of withdrawal as provided for in Section 9.1, the withdrawing Participant shall discontinue delivery of the services and resources to be performed by it under this Agreement. Such Participant agrees to maintain financiai records for three(3) years after the last date of seivices under this Agreement in accordance with Minnesota Statutes, § 16B.06, Subdivision 4. ARTICLE 10 MISCELLANEOUS 10.1 Notice. All notices, communications, payments, and other documents required or permitted by this Agreement shall be conclusively deemed to be given if the same is personally delivered to, or placed in an envelope which is sent by registered ar certified United States maii, postage prepaid and addressed to the addresses listed below or to such other addresses as may be provided by a Participant to the others: Wilder: Amherst H. Wilder Foundation 919 Lafond Avenue St. Paul, Minnesota 55104 Attn: City: City of Saint Paul City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Attn: ��, .��<�a t�� 14 �� _ �,039 County: Ramsey County 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Attn: School District: School District No. 625 360 Colbome Street St. Paul, Minnesota 55102 Attn: 10.2 Modification Amendment. This Agreement may be modified or amended oniy by a written amendment hereto duly executed by all of the parties hereto. 10.3 Governine Law. This Agreement is made and entered into in the State of Minnesota, and shall be governed in all respects by the laws of the State of Minnesota. 10.4 Benefit. The rights, duties, obligations, and undertakings of the parties under this Agreement are not assignable or delegable in whole or in part without the prior written consent of all other parties hereto. 10.5 Entire Aereement. This Agreement embodies the entire Agreement between Participants concerning the subject matter of this Agreement and supersedes all other previous oral or written agreements concerning all or any part of the subject matter of this Agreement. xi3os � nua�� 4 i9s� 1$ q'l-1o IN WITNESS WHEREOF, the Participants have executed this Agreement this _ day of , 1997. AIvIHERST H. WILDER FOUNDATION � CITY OF SAINT PAUL By: Its Mayor : : Thomas W. Kingston Its: President Its Its Director of Parks and Recreation Approved as to form: City Attomey B Its Director of Office of Financial Services RAMSEY COUNTY I� Chair of the Board of Ramsey County Commissioners Approved as to form: : Chief Clerk, County Board Assistant County Attorney �o��, ,w�i ie, �ssr 16 SCHOOL DISTRICT NO. 625 By: Its Chair B Its Clerk ��a., ��s� �a �� 17 °t'1-1 . �: SfiRVICES AND RESOURCES TO BE PROVIDED BY WII.,DER • Provide supplementary staffing and management leadership to the Project. • Convene Participants and serve as lead stakeholder and co-developer. • Help identify service needs in collaboration with neighborhood communities. • Lead the fundraising process. • Manage the facilities, subject to the authorization and approval of the other Participants, during all hours not typically overseen by other Participants. • Coordinate the presence of other community providers and services in the school buildings. • Provide leadership to the ProjecYs evaluation design and implementation. • Assist in evaluating the ProjecYs effectiveness. • Provide resources through the redeployment of appropriate Wilder services, the funding for project development and the leadership of the overall Project. ��, �a�� la ism A-1 a �. �a3� E�.�: 1: YI�'. SERVICES AND RESOURCES TO BE PROVIDED BY CITY • Design, construct, operate and manage recreation centers so that they complement and support Achievement Plus Project schools, as may be approved by the City or appropriate authority following budget or other processes. • Help identify and assist in the acquisition of community facilities, as may be approved by the City or appropriate authority follow:ng budget or other processes. • Provide partial capital and operating funding and support services for the recreational component of Achievement Plus Project schools as approved by the City or appropriate authority, subject to budget or other processes. • Deploy capital and operating funds and staffmg for recreation/library and other relevant components of Achievement Plus Project schools as approved by the City or appropriate authority, subject to budget or other processes. • Provide leadership to reduce City govemment bazriers that impede attainment of Project's goals. • Assist in evaluating the Pro}ecYs effectiveness. • Provide leadership to the ProjecYs evaluation design and implementation. ��, n�� a ivr� B-1 q�t - tos� EXHIBTI' C SERVICES AND RESOURCES TO BE PROVIDED BY COLINTY • 5upport deployment of mutually agreed upon county health and human services to Achievement Plus Schoo]s. • Assist in evaluating the Project's performance. • Coordinate the delivery of county services with other public and private agencies working to achieve the goals of r;.e Project. • Provide leadership to the ProjecY evaluation design and implementation. • Promote prevention activities as agreed upon by the County. 3413067 August 18. 1997 C' 1 9�1- to39 EXHIBIT D SERVICES AND RESOURCES TO BE PROVIDED BY SCHOOL DISTRIC'I' • Help identify and acquire sites — serve as co-developer. • Maintain standard "level of effort" funding at the conversion school sites. • Deploy capital funds as may be approved by the School Board or appropriate authority following budget or other processes. • L.ead the development and implementation of curriculum and instructional strategies that strengthen student achievement. • Provide the instructional school-day program. • Provide student test data and technical support so that test data can be used at the project and site level. • Manage and support the school facilities during "school" hours. • Provide student transportation as may be approved by the School Boazd. • Provide food service appropriate to community school activities as may be approved by the School Board. • Lead long-term, locai public financing strategy for e�ended-hour activities. • Ensure the commitment and participation of other relevant Saint Paul School District departments (e.g., community education, health, custodial). • Provide leadership to reduce school district barriers that impede attainment of project's goals. ��,, ,.,» �a �� D-1